Repealed or not in force · As amended up to 2026-08
27. Where any land or water upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land or water.
Illustration.
A sues for a declaration that he is entitled to a right of way over B's land. A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C, a Hindu widow, had a life interest in the land, that on C's death B became entitled to the land, and that within two years after C's death he contested A's claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.
Extinguishment of right to property.
Explanation 1
7. (where the application is to enforce any payment which the decree or order directs to be made at a certain date) such date.
Explanation 1.—Where the decree or order has been passed severally in favour of more persons than one, distinguishing portions of the subject-matter as payable or deliverable to each, the application mentioned in |
1908.] Limitation. 457
(The First Schedule.—Third Division: Applications.)
THE FIRST SCHEDULE—contd.
THIRD DIVISION: APPLICATIONS—contd.
| Description of application. | Period of limitation. | Time from which period begins to run. |
| --- | --- | --- |
| 182.—For the execution of a decree or order of any Civil Court not provided for by article 183 or by section 48 of the Code of Civil Procedure, 1908—concid. | Three years; or, where a certified copy of the decree or order has been registered, six years. | in clause 5 of this article shall take effect in favour only of such of the said persons or their representatives as it may be made by. But where the decree or order has been passed jointly in favour of more persons than one, such application, if made by any one or more of them, or by his or their representatives, shall take effect in favour of them all.
Explanation 1
Where the decree or order has been passed severally against more persons than one, distinguishing portions of the subject-matter as payable or deliverable by each, the application shall take effect against only such of the said persons or their representatives as it may be made against. But, where the decree or order has been passed jointly against more persons than one, the application, if made against any one or more of them, or against his or their representatives, shall take effect against them all.
Explanation II.—"Proper Court" means the Court whose duty it is to execute the decree or order. |
183.—To
Limitation. [ACT IX
(The First Schedule.—Third Division: Applications. The Second Schedule.—Territories referred to in section 31.)
Source: India Code